Make sure your disclosure form is clear and conspicuous otherwise you could owe much in fines and penalties by violating the Fair Credit Reporting Act (FCRA) From the case  gilberg-v-california-check-cashing-stores-17-16263: FCRA requires employers who obtain a consumer report on a job applicant to provide the applicant with a “clear and conspicuous disclosure” that they may […]

Are you protecting your workforce from people who have unacceptable past behavior? Recently the Associated Press ran a story about a man who, police say, killed multiple people at a suburban Chicago manufacturing warehouse after he was fired, Friday, Feb. 15, 2019. The article goes on to say “Like in many of the country’s mass […]

Civil records can contain valuable character information when evaluating applicants. But civil records also have drawbacks. A civil case occurs when one party sues another. A criminal case is initiated by the District Attorney’s office. Unlike a criminal case, a civil case is typically about money or other damages. A civil case usually involves one […]

On January 3, 2019, Delta Air Lines agreed to pay $2.3 million to settle an FCRA class action lawsuit that claimed the major U.S. airline allegedly failed to provide job applicants with a “standalone” background check disclosure in violation of the federal Fair Credit Reporting Act (FCRA) and related California state laws. The actual case […]

An illegal liability release is the source of a complaint against The Leland Stanford Junior University. The organization apparently failed to comply with some very basic requirements of the Fair Credit Reporting Act. We have mentioned in a previous blog that it is illegal to insert a liability release into your application process. From the […]